Função Social da propriedade e cultura patriomonialista: o modelo do município de Araguaína (TO)

Abstract

Since the enactment of the Federal Constitution of 1988, a paradigm shift has been accentuated in relation to ownership and rights of the owner. The individualistic and absolute character yields to the need for a fruition in which its social function is fulfilled. The present study approaches the social function of property not as a univocal concept, but from the symbolic representation for each of the agents involved, a consequence of the process of land tenure structuring in Brazil. Faced with this reality the work starts from a historical study about the Lusitanian occupation process and the formation of the Brazilian territory in the colonial period, in order to discuss the establishment of a patrimonialist culture as a form of power tradition on the part of the metropolis that still remains imbricated in the Brazilian politicaladministrative organization, despite the existence of constitutional norms that aim to combat and alter this patrimonialist culture. In response to this reality, patrimonialism was transmitted from the State, as a public power, to society. Due to this confusion between the public and private, direct reflexes have been created in the process of land occupation, acquisition of property and fulfillment of the social function, a factor causing conflicts and tensions among the agents involved.